believe in. >> reporter: but a lot of people believe in him. kaepernick's number 7 jersey is now the top selling nfl jersey and the crush of media descending on the 49ers camp is mostly here to get a story about him. >> when you go from the backup quarterback to the starting quarterback, and you win two play-off games, yeah, the requests are flowing in daily if not hourly. >> reporter: it's a story everyone wants to print in all caps. >> this is a very unlikely super bowl quarterback. this is only going to be his ninth start as an nfl quarterback. that's really unusual. he has some charisma. he has the tatoos. he's just very -- he's hard toic tour eyes off. >> reporter: kaepernick is also a very smart quarterback. even though he's only been the starter for the last nine games he did something unusual and welcome for the media out here today. he sent us pizza. he ordered probably about 20 pizzas, sent it to the media

room. he apparently got the memo, keep the media happy, feed the media. he is going to run into a lot more media when he gets to new orleans. i don't know if he is going to be able to feed everybody. but -- >> well, he at least got the memo on our favorite food which is of course always pizza. but for a guy who has -- i mean, for a guy who is only starting for the ninth time, how is he handling all the pressure? >> reporter: he seems to be handling the pressure very well. everyone you talk to who knows him says it's the same old colin. he doesn't try to be anybody that he is not. he doesn't try to do extra things. he is just kind of a good guy and hopefully it stays that way and hopefully it's a success. >> okay, good deal. thank you, len ramirez. and by the way, there might be something better than pizza. how about capp cakes? the family of the 9ers quarterback whipped up pastries in honor of colin's super bowl appearance and they delivered them to a high school where the young kaepernick graduated. more 49ers coverage coming up in just a few minutes. we want to remind you that

we're sending a team of reporters to cover super bowl xlvii in names. and there they are. our coverage will include sports director dennis o'donnell, also vern glenn, michelle griego, and mike sugerman. in other news now governor jerry brown laid out his vision for california's future in his annual state of the state address today. and republicans actually liked it. cbs 5 reporter phil matier on the governor's live within our means message. >> great state of california, the honorable edmond brown, jr. [ applause ] >> reporter: he invoked everything from the bible to the little engine that could but as messages go governor jerry brown's state of the state address was pretty much about one thing. >> living within our means and not spending while we don't have. the people have given us seven years of extra taxes. let us follow the wisdom of joseph, pay down our debts, and store up reserves against the leaner times that will surely follow. >> reporter: in other words, the millions of dollars in cuts to social and health services for the poor will remain in

place for now. >> we also need to rethink and streamline our regulator procedures. >> even republicans were happy with it. >> you have to look at what he does. >> reporter: on the other handsome democrats felt the governor was coming up short on compassion for the poor and disabled. >> not to spend more money but to spend it more wisely. >> reporter: they both agreed on his stand against ongoing hikes against student tuition. >> i'm not going to let them become the defaults financiers of our universities. >> reporter: his call to give more education money to poor schools possibly at the expense every richer suburban districts -- >> i'm being asked to vote against the interests of my school district for the betterment of the state. that's a tough question for legislators to deal with. >> reporter: but whatever the fight, brown seems determined for as the little engine said as it pushed the big train up the mountain. >> i think i can, i think i

can. i think i can. and over the mountain the little engine went. we're going to get over that mountain. i have no doubt about it. [ applause ] >> reporter: that's the mountain of debt that still faces the state. but he was also talking about his other pet project, high- speed rail. it's a legacy he wants to leave for the future generations. and despite what he is talking about staying tight within the spending, he wants that railway from san francisco to los angeles. >> you know, his dad was the master of the big project. pat brown. what would pat brown think about his approach today? >> reporter: he might say be even more bold. his father was the one that gave us uc, the highway system. he gave us what people call modern california. unfortunately for his son, he is left stuck trying to pay for it. >> thinking of the california water project. >> reporter: that will be on the agenda, as well. >> thank you. checking bay area headlines, tense moments in a san jose neighborhood this morning while police search for

suspects in an attempted home burglary. police asked willow glen residents and an elementary school to shelter in place. officers searched the area around huston avenue and marshall way for an hour. no suspects were arrested. also in san jose some neighbors now say they recognize the suspect in an attempted kidnapping from a police sketch. it happened on 33rd and saint james street last friday morning. surveillance video captured a man trying to kidnap a 13-year- old girl as she walked to school. the teen fought back and she was able to break free. in palo alto, facebook found ter mark zuckerberg is preparing -- founder mark zuckerberg is preparing to host a fundraiser for new jersey governor chris christie. he and the republican governor have worked closely on education reform in new jersey for years. the fundraiser for christie's re-election is scheduled next month at zuckerberg's palo alto estate. the decade old murder of d.c. intern chandra levy may not be cased closed. attorneys have reportedly been

holding hearings on the case. the details are sealed. but the levy family thinks it may have something to do with tainted witness testimony. ingmar began dekeky is serving 60 years for her murder. he is now ordered to appear at a court hearing next month. >> i was the one who put the finger in a bullet hole trying to get a pulse. >> the push for gun control is on. how dianne feinstein recalled the dark day in san francisco history as she opened her fight over assault weapons. >> weather like this does not happen every day. we are in the north bay near the golden gate. we are rain-free, cloudy, but look what's going on in the south bay? san jose has been raining for eight hours. i'll explain why and have your weekend forecast and beyond coming up. >> and when you reach the super bowl everyone wants a cut. we do some street shopping for 49ers gear. what's real, what's fake, and how your decision may or may not support the home team.

>> and it may be a bigger challenge than containing ray rice. why getting a cab in new orleans might take a few hail marys next.

i was the found that supervisor milk's body and i was the one that put a finger in a bullet hole trying to get a pulse. uhm, once you have been through one of these episodes, once you see what the crime scene is like, it isn't like the movies. it changes your view of weapons. >> senator dianne feinstein getting personal as she leads the charge for a new federal assault weapons ban. she launched new legislation today that would do it. but cbs reporter tara mergener tells us, it faces a tough fight in congress and even from top lawmen. reporter: victims of gun violence joined democratic lawmakers calling for a new ban

on assault weapons. >> i have a bullet still in my head. i was shot in the jaw. >> reporter: last month's school shooting in newtown, connecticut gave gun control advocates a new urgency. >> weak gun laws allow these mass killings to be carried out again and again and again. >> reporter: senator dianne feinstein displayed ten of the more than 150 assault weapons she wants to ban. her legislation would also outlaw ammunition magazines with more than 10 rounds. >> we're not trying to seize everybody's guns, but we need reasonable gun control in this country or guess what, it will happen again. [ applause ] >> reporter: this legislation goes further than the assault weapons ban that expired in 2004 and getting it to pass congress will be a very tall order. >> i have been a proud gun owner a law-abiding gun owner all my life. >> reporter: democratic senator joe manchin doesn't support a ban and worried congress is too

divided to compromise on this issue. >> it's almost guilt by conversation that i can't even sit down and have an open conversation and dialogue without someone saying, well you've changed. >> reporter: new york senator kirsten gillibrand says now is the time to act. >> i'm optimistic. we have people on our side and might bring washington together. >> reporter: gillibrand says she will introduce her own legislation next week targeting gun trafficking. tara mergener for cbs news, capitol hill. and the pentagon has officially lifted its ban on women in combat. today defense secretary leon panetta finalized the historic change. the new policy will open up more than 200,000 front line jobs to women mostly in the army and marines. >> the burden used to be we would say why should a woman serve in a particular specialty? now it's why shouldn't a woman serve in a particular specialty? >> the changes will not come overnight. the new policy will be phased in over the next three years.

if you're heading to new orleans for the super bowl, be warned. getting a cab may be tougher than you ever imagined. city regulations require credit card machines to be in the back of the cab so passengers can run them themselves. but cab drivers say they are having a hard time getting the new equipment and permits in time for the super bowl crowd. one city councilman warns the process is taking too long. >> i was out here for three hours yesterday not a single taxicab was processed to get a decal to be on the airport. >> one city council member blames the cab drivers. she says many of them waited until the last minute to get this taken care of. if you are looking to get your hands on some 49ers super bowl gear, buyer beware. >> these are official, right? >> yeah. >> what we found in a sidewalk sale and why you might want to make sure you're spending your money on "the real deal." and i'm ken bastida live in san mateo.

you have heard of the raider nation? tonight you're going to meet members of the 9er empire. that story coming up. get beautyrest, posturepedic even tempur-pedic mattress sets at low

clearance prices. save even more on floor samples, demonstrators, and closeout inventory. the year end clearance sale ends sunday at sleep train. ♪ your ticket to a better night's sleep ♪ of course, not all of it is

re? super bowl merchandise has started to hit the stores, streets and the net but not all of it's legal. but should you care? cbs 5 consumerwatch reporter julie watts on the real differences between genuine and counterfeit. reporter: it's the closest many of us will come to colin kaepernick. >> i'll take that. >> reporter: many 9ers fans are shelling out big bucks for the official super bowl gear that hit stores this morning. >> i got championship nfc. >> picture of colin kaepernick. >> reporter: look around downtown these days and you'll also see piles of shirts for sale in the streets. shirts this vendor told us were licensed nfl gear. you say these are official, right? >> yeah. >> reporter: so we bought a few for 10 bucks apiece and took them to u.s. customs for an inspection. >> this is just a basic really cheap t-shirt. >> reporter: the verdict? >> definitely not a name brand. no nfl logos on it. nothing to say it's an official product. >> reporter: so what makes sports merchandise official? well, a hologram, tags, a higher price, and the fact that

the nfl gets a cut, about $1.50 on every $30 t-shirt money split between all 32 franchises. >> super bowl shirts here! >> reporter: so while you may be saving on the knockoff you're not necessarily supporting your team and considering the quality, you may end up paying more in the long run. >> downside is you're not getting a genuine product. the quality is probably not good. there may be chemicals that are not approved to be used. >> reporter: counterfeit shirts can also have misspellings. we bought one that came complete with a stain. it is illegal to buy a counterfeit in some cities if you know it's a counterfeit. so buyer beware. a good hunch is that it's pretty cheap. in looking at it, too, the official tags have the holograms. you can really tell now that we have these side by side which is fake and which is real -- what we believe is fake. >> you made a point that yes, it is counterfeit but you didn't know and you're going to take it back? >> well, i don't know. i can't promise we're going to

take it back. we didn't know it was counterfeit until we brought it to customs, who told us it was counterfeit. >> they say we are not going to take it back, it has a stain on it. mobile weather lab in san mateo has ken bastida with a special group of 49ers fans. >> reporter: got to love the name of this store. it's called mancave memorabilia. look at this. aldon smith jersey real blood on the second nine there. >> whoo! >> reporter: there's a group of people sort of having an impromptu club meeting here tonight. these are members of the 9er empire. you have heard of the raider nation? this is the 9er empire. and joe is one of the founders here. joe, let's get your name and how did you start this group? >> my name is joe leonor. we wanted a fan base of getting the family together as friends and family and become the 9er empire and show the fan base. 9er empire is a big fan base. >> reporter: let's talk about the fan base. you do a lot of social media and a lot of your fans are

around the world. >> yeah. we have chapters over 40 chapters. we have united kingdom chapter, new zealand, california is loaded with chapters. we have several in fresno all the way down to l.a., three on the east coast, texas, all over. so it's definitely growing. especially now with the super bowl in mind, you know, we're ready for six. >> you were talking about sort of the family aspect of this thing. and, you know, we talk a lot on the news about the tailgate situation. sometimes it's law, unsavory language. so you're doing a lot of this work online. >> reporter: a lot of it online. that's how we get to know each other a lot because who do i know is in new york? but it's all about, you know, coming together as a family. there's one thing that brings everyone together and the it's our passion for the 49ers. >> reporter: so you have a little -- you have a pledge. say the pledge for me. >> i pledge my faithfulness to the 9ers and their hall of famers for which they stand, one nation which we cross out because we know who that is, under an empire invisible with

five rings soon to be six and domination overall. >> reporter: i feel like i ought to be holding my hand over my heart something like that. [ laughter ] >> reporter: that's the story from san mateo. mancave memorabilia. the 9er empire. back to you. >> thank you, ken. 9ers pride includes grant borderlamp who is all set to go deep for a kaepernick pass. >> all right. and let's check out buster who lives in san mateo. clearly he is ready to suit up for the 9ers if needed and we're thinking on the defensive line. >> we would like to see your super bowl photos. email them to news@kpix.com or upload them to cbssf.com. let's get to a different kind of picture the kind that satellites take high above the earth. >> mother nature threw us a curve ball. we thought it would be cleared out but i'll explain why it's raining. i'll show you the radar in a second. the forecast did not pan out as i first thought.

here's what we have going on. we have some light-to-moderate rain showers right now in the south bay and also portions of the tri-valley. livermore you're still getting wet. you had moderate rain an hour ago. drying out in pleasanton. south along 680, 880, san jose, campbell, cupertino and milpitas getting some showers right now. so what's going on? we'll talk about that in a second. one-third of an inch of rainfall in san jose today. the previous 23 days in january you did not have that much rain. some more rain today than the first 3.5 weeks of this month and there's san jose in the background where it is still raining. livermore showers 51. san jose 53. oakland and santa rosa currently 59 degrees. with the cloud cover sticking around, it will be a mild night. fremont will drop down to 47. san rafael 46. concord tonight 46 degrees. so what happened? there's an area of low pressure to our south that all computer forecast models said would continue moving south. one thing happened though. it didn't move. so all this moisture continues to move up from the south.

and then hit a wall that wall being a weak front just to our north and where those two collide we have rain and many of you had the rain for the past six or eight hours. that low pressure area likely isn't going to move much so we still have a chance of showers around on friday. another round of showers coming up on sunday. next week we will dry out. but high pressure will be off to our west. so we'll get a northerly flow. so we'll be sunny but we also will be chilly. showers persisting this evening mainly to the south and east a couple of showers possible on friday also sunday. that pattern change for drier weather for all of us next week. livermore 60 tomorrow. san jose 62. slight chance of shower los altos 62. san mateo 60. pleasant hill 60 degrees tomorrow. walnut creek 61. a little bit of late-day sunshine in the north bay. san rafael 59. sausalito 59 degrees. extended forecast we're dry but cloudy on saturday. slight chance of a shower sunday but its going to be chilly low 50s before we dry out and stay chilly next week. >> lower level devils. those little lows that just get

you every time. >> they get cut off from the jet stream and do whatever they want. >> been there, done that. thank you, paul. so you're going to play in the super bowl. well, you had better eat right. dr. kim will show us how nfl players get properly fueled for football. ♪ secondhand smoke affects everyone's health. it's not just irritating. it can cause heart disease and even death. speak up about secondhand smoke.

your health and the health of your family depend on it.

part of that winning strategy - - food. dr. kim mulvihll reports on the best way to fuel your local football player. to win the super bowl you have to out last the other time. part of the winning strategy is food. dr. kim mulvihill reports on the best way to fuel your local football player. reporter: the 9ers are back to work but it's what you don't see on the field that may give them the edge. >> i mean it's important to this game, you know, if you don't do the right thing -- >> reporter: the right thing to full a big win is to fuel players with top nutrition. >> mostly i try to keep healthy for me because i can tell the difference as far as endurance when i'm running and stuff like that. >> that's sort of the hidden aspects of training. nutrition is really the hidden aspects of training. you don't know what the other

team is going to prepare. >> coming from salmon. >> reporter: suzanne nelson is director of sports performance nutrition at cal and a former team nutritionist with the 9ers. >> who has the advantage? the team that is well fueled has the advantage. the team that's well hydrated has got the advantage. >> reporter: football players have a much higher demand for fuel. that means more calories and critical nutrients. how much varies according to position. >> i know that everybody all the players have specific diets that they stick to. >> offensive linemen may need around 3,000, 3500 calories. and one of the other players, a runningback or wide receiver it's going to be 5,000, 6,000 calories either. >> reporter: they need to stay fueled all day especially after exercise. >> getting fuel back into the muscles. helping the muscle repair itself and rebuild. >> reporter: eating well, that's the game plan. >> we tend not to eat a lot before a game, but during the week, you want to make sure you

eat healthy. >> reporter: now, football players eat more carbs but it's not the plateful of spaghetti that you might imagine. they eat lots of fruits, vegetables and whole grains. they eat high quality lean proteins and good fat. the guys in the locker room impressed me. they eat a lot of salads. >> they look impressive too. >> yeah. thank you. we'll be right back. look at you guys with your fancy-schmancy u-verse high speed internet. you know, in my day you couldn't just start streaming six ways to sunday. you'd get knocked off. and sometimes, it took a minute to download a song. that's sixty seconds, for crying out

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♪ the one and only, cheerios ♪ this is how mommy learned... ...and now... you! [ giggles ] ♪ the one and only, cheerios ♪ "i've won money on it. (how much) thousands. (have you lost money on it) oh yeah i've lost plenty of money on it."

sure sounds like gambling. looks t too. coming up at 6:00 -- >> i won money on it. >> how much? >> thousands. >> have you lost money on it? >> oh, yeah. i have lost plenty of money on it. >> that sure sounds like gambling. looks like it, too. tonight, the bay area crackdown on businesses that call themselves cafes. plus -- >> after a long strike, the san jose sharks have their home opener tonight, fans and local businesses could not be more excited. i'll have the story. >> that's all up in 30 minutes. thanks for now for watching. the "cbs evening news with scott pelley" is next. >> always the latest news and weather are always on cbssf.com. along with brian hackney, i'm juliette goodrich and paul deanno. thanks for watching. see you back here at 6:00. go 9ers! captions by: caption colorado comments@captioncolorado.com >> pelley: tonight, wall street crooks beware. >> you don't want to mess with mary jo. >> pelley: the president names mary jo white, famous fory: the president names mary jo white, famous for

prosecuting terrorists to the s.e.c. anthony mason reports on new br an assault weapons ban is introduced on capitol hill. nancy cordes on the bill and its prospects. why is the world's most advanced airliner catching fire? sharyl attkisson investigates. and it came out of the darkness like a ghost-- a giant no one had ever seen alive until now. >> what science fiction writer wouldn't just love it? captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: good evening. a lot of americans find it galling that the people who caused a world financial calamity didn't go to jail. they pushed mortgages onto people who couldn't afford them, bundled the doomed mortgages into investments, rated them